The-Hong-Kong-Weekly-Press-1898-12-03 — Page 9

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December 3,-1898.]

chow he could not get out in less than 12 days in consequence of the boat being delayed by a typhoon.

By His Lordship-Up to the third of last August his relations with Mr. Emsley were fairly friendly. He did not authorise his agent at home to provide for commission. He did not prohibit commission. Nothing was men. tioned about it at all.

When the came out under the impression there would be a commission, don't you think it would have been right to get the agreement altered or make him some allowance ?-I did; that was what I offered him.

Under this agreement, if he had sold a piano the day after he arrived he would have been entitled to commission and you refused to give it to him P-I never did refuse. What I said was that I objected to this commission because of the likelihood of causing friction between me and my men, and I went into a long explan- ation as to how that might be done.

You told him if he conducted himself well his salary would be advanced ?-That he would get as salary more than he was entitled to ac- cording to his agreement. At the same time I told him he got better terms than the others and that he was travelling a greater portion of the time, when he had practically board and lodging free.

Well, I put it to you, in a case like that it would have been more fair to have got his con- sent to amend the agreement or given him some equivalent P-Perhaps it would have been wiser to have done that; but while we were talking about it there was no demur and the matter dropped

You see an employé in a case like that is in the hands of his employer to a great extent; he cannot say he would break his agreement?- Probably the wiser course would have been to do as you suggest.

Have you ever had complaints from the Hongkong subscribers about Mr. Emsley ?. No, not personally; I have heard there have been complaints.

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457

-CHINA OVERLAND TRADE REPORT.

his belief he was ill. He also remembered Lindsay Ruchwaldy said he had been in the. visiting him on the 8th or 9th of September, employ of the Robinson Piano Company for when Mr. Emsley complained of a pain in his about four years as assistant. His duties kept stomach. After business hours when in Hong-him mainly in the store. Mr. Emsley sometimes kong they spent the evenings together two or worked in the store. He could not say that three times a week latterly. He had never seen Mr Emsley was very punctual, nor did he stick Mr. Emsley intoxicated; nor had he ever seen steadily to his work during the day. He went him unfit to perform his duties through exces in and out, frequently going to the Grill Room sive drinking. He considered Mr. Emsley and the Victoria Hotel and being absent competent, from what he had seen of his work, 15 or 20 minutes. He had seen him play- to fill the position he undertook.

ing billiards during business hours at the Grill Room. Mr. Emsley on several casions took Mr. Springford to the Grill Room and sometimes

he went with people who came to see him. He had several times been absent for whole days to...... gether, but witness himself had not seen him- anywhere. He had never at any time seen him under the influence of liquor. Witness was not a tuner.

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His Lordship-Mr. Robinson says you are a competent man.

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Cross-examination continued-Soon after he arrived in the colony he had a conversation with Mr. Robinson, whom he told it was abso- lutely impossible to maintain a wife and family on the salary he was then getting. He was now getting $175 a month but when he came out it was $125. Witness had met Mr. Robin- son in Londou about a year before he took the engagement, and Mr. Robinson then gave him the impression that one could live cheaply in the East. There was a clause in his agreement about commission: Supposing he were an em- ployer of labour he should not object to giving Mr: Emsley a situation knowing what he did of him.

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5:00-

him

out

By Mr. Ensley-It is a fact we have not been on speaking terms for some time. During August you were employed outside. I have seen you playing billjärds at the Grill Room during business hours in June. Mr Springford is employed entirely in the workshop and to take him into the Grill Room you would have to go for him to the workshop.

Is it not a fact you are Mr. Robinson's spy? :

-No, I am not; but what I do I do for benefit of the firm.

A

You do not admit you are Mr. Robinson's spy P-I acted according to what I was ordered-

to do.

Re-examined by Mr. Francis-His, salary sbould have been $125 a month, but he refused to work for that sum when he got here.

Francis William Stokes, book-keeper for the Did not Mr. Robinson, before he went to Robinson Piano Company since the 17th Jan-Singapore, ask you to take note of what was nary last, said that in the absence of Mr. done by the European staff and report to him ? Robinson he was authorized to open letters -Yes. coming to the store. He was always in the store. Mr. Emsley had worked in the store at different times when he had been there. On such occasions Mr. Emsley had attended to his work, though he sometimes went out for a few minutes exclusive of the tiffin hour. He had not the slightest idea where he went.

He re- membered a lady calling at the shop and asking that Mr. Cook should be sent up to fame ber piano; she said she preferred Mr. Cook's work to Mr. Emsley's. On another occasion a Mr. Baxter came to pay his tuning account and said he wished to discontinue his subscription as

done. Mr. Baxter mentioned one item entered by Mr. Emsley and said that he did not think the piano was tuned on that occasion. He did not know of his own knowledge that Mr. Emsley was in the habit of frequenting the Grill Room or the Victoria Hotel.

Dever seen

By Mr. Emsley-He told Mr. Robinson some time ago that he had Mr. Emsley intoxicated during business hours or out of business hours. He might have had to leave the store sometimes to go for a tool to the work shop. He was not aware that on several occasions when he went to tune Mr. Baxter's piano no members of the family were present.

30th November.

Mr. Francis-There will be evidence on that point just now.

Sidney Douglas Hickie said he was a piano-be did not think the work had been properly tuner, at present an assistant in the em- ployment of the Robinson Piano Company. He had been in the employ of the company for two years and nine months, and had known Mr. Emsley during the time he had been in Hongkong. He was in charge of the business while Mr. Robinson was away three months before August 3rd last. During that time he had no trouble with Mr. Emsley. He had heard of on complaints against Mr. Emsley while he had been in Hongkong. He had been absent occasionally. No complaints had been received by him with reference to any bad work done by him. On one occasion-in August-he examined a piano supposed to have been tuned by Mr. Emsley. He found it a good deal below the pitch given by Mr. Emsley in the book. It was a good deal below concert pitch, though Mr. Emsley had left a meiro to the effect that the instrument had been left at that pitch. He examined two other pianos on the same day which were apparently untouched though Mr. Emsley professed to have attended to them. He remembered tuning a piano at the house of a Mr. Drews, of the Praya East Hotel, on the 18th of June last. It was a hotel bar. Mr. Busley and Mr. Springford were in the house at the same time. He thought it was 12 o'clock or half-past. Witness was there tuning. The order was sent in and he went. By Mr. Emsley-We charge fifty cents for He thought Mr. Emsley and Mr. Springford a hundred game at billiards. I could not say had gone for a drive and that they had called. how many games you played in the course or Mr. Emsley and Mr. Springford quarelled, and

the month, but I frequently saw you playing he thought Emsley struck Springford. The Sometimes you played for over an hour, during latter was not at all sober, but Emsley was not which time you would play two games of 100 drunk though he dared say he had had a drink. up each. This was probably after tiffiu or They were not turned out by the manager.

dinner. You may have played 12 or 14 games Witness asked them to go out. Mr. Robinson of billiards a month. Sometimes you would was not in Hongkong at the time. He could pay and sometimes the other man. Sup- not say what justification Mr. Emsley and Mr.posing you lost half the games it would mean Springford had for being in the hotel or ont you would have $8.50 to pay for billiards during driving at that time.

the month, which would leave $11 spent in drinks for the month of August.. mu

By Mr. Emsley-At about 11 o'clock on Saturday morning, June 18th, Mr. Emsley came and asked to be set at liberty, as there as the day was

was nothing much le remem-

practically over Jie

bered visiting Mr. Emsley on or about 25th_or 27th August, and to the best of

R. C. Bamjee, who is employed at the New Victoria Hotel as olerk, said he was in the bar during the day time and he kept the accounts. He had accounts in his book for August against Mr. Benjamin Ems ey amounting to $16.8, of which $2.25 was for meals and $14.55 for drinks. Witness gave the dates on which the chits were signed. He himself had-seen Mr. Emsley in the Victoria. He had seen him occasionally, some times during the day and sometimes during the night.

By Mr. Francis-Mr. Emsley is a good billiard player, but I don't know whether he generally won or not.

By the Court-In September Mr. Emsley signed eleven chits amounting to $7.95, of which $2 was for meals.

Did you receive instructions from Mr. Robin- son to report what was done by the European staff -ot from Mr. Robinson I acted on my own behalf.

The Court-I understood you to say just now that when Mr. Robinson went to Einga pore he asked you to report to him ?—No; I was the oldest band up here and I took it upon myself to see that the business was carried out properly.

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You admit you are not a tuner ?—Yes.g Still you have been doing tuning I believe P Yes.

Li Kun said he had been employed as a bar boy at Thomas's Grill Rooms for about a year. He knew Mr. Emsley by sight. He had seen him in the Grill Room, when he came in some times for a drink and sometimes to play billiards. He came in sometimes at 12 o'clock. and sometimes at five o'clock. He would gen- erally have only a glass and then go away.

By Mr. Emsley-When you came in the morning you used to have a glass and a sand- wich and go away. When you came in to play at billiards it was generally after five o'clock. The bar chits and the billiard obits are of different colours. The bar chits are blue, but_ supposing you played a game at billiards you might sign a bar chit for it.

Mr. Francis said he was sorry to say that two of his witnesses-Mr. Drews and Dr. Jor- dan were not present. Mr. Drews was sick and Dr. Jordan had not kept his promise to bes ot/k there at 11 o'clock.

His Lordship-Has Dr. Jordan been sub- poned.

Mr. Francis-Yes."

His Lordship-Do you wish for his evidence to be given.

Mr. Francis-He was subpened for the simple reason that he was sent by Mr. Robinson to see Mr. Emsley, and we thought it our duty to call bim, but his evidence is of no importance, because he simply saw Mr. Emsley and heard what Mr. Emsley said and nothing more.

The Lordship I will allow you to call him later.

Mr. Fraucis-And Mr. Drews, too, if we can get him

His Lordship What is he to prove. Mr. Franci-With reference to the distur bance at the Prays East Hotel

His Lordsbip—I do not think that is a matter. of great importance. I think Mr. Hickie

proved t... was a kind of disturbance.

Mr. Francis I think we can do without Mr. Drews and as Dr. Jordan would be neutral he could come at any time.

Mr. Emsley then proceeded to call his evidence.